Jurisprudential development and recognition of the concept of legitimate
expectation in Labour matters
By
[Student Name / RLLLB81 Student]
(Student Number: 012345678)
Submitted in partial fulfilment of the requirements for the degree
Bachelor of Laws (LLB)
in the
Department of Criminal and Procedural Law
School of Law
University of South Africa (UNISA)
Supervisor: Prof. M. Monyakane
RLLLB81 – Assessment 2 / Final Portfolio
Due Date: September 2025
, Abstract
This study examines the jurisprudential development and recognition of the
doctrine of legitimate expectation within South African labour law. The principle
of legitimate expectation has evolved from administrative law and is increasingly
applied in labour disputes to ensure fairness, consistency, and predictability in
employment decisions. The research analyses the historical origins, statutory and
common law foundations, and key judicial interpretations of the doctrine, highlighting
its role in protecting employees against arbitrary employer decisions. Employing a
doctrinal legal research methodology, the study critically evaluates the application,
remedies, and limitations of legitimate expectation in labour matters. The findings
demonstrate that the doctrine not only safeguards procedural fairness but also
promotes equitable treatment in employment relations, reinforcing the broader
constitutional principles of administrative justice.
Keywords
• Legitimate Expectation
• Labour Law
• Administrative Justice
• Procedural Fairness
• Employee Rights
• South African Jurisprudence
• Labour Disputes
• Remedies
• Employer Obligations
• Constitutional Principles
Abbreviations
expectation in Labour matters
By
[Student Name / RLLLB81 Student]
(Student Number: 012345678)
Submitted in partial fulfilment of the requirements for the degree
Bachelor of Laws (LLB)
in the
Department of Criminal and Procedural Law
School of Law
University of South Africa (UNISA)
Supervisor: Prof. M. Monyakane
RLLLB81 – Assessment 2 / Final Portfolio
Due Date: September 2025
, Abstract
This study examines the jurisprudential development and recognition of the
doctrine of legitimate expectation within South African labour law. The principle
of legitimate expectation has evolved from administrative law and is increasingly
applied in labour disputes to ensure fairness, consistency, and predictability in
employment decisions. The research analyses the historical origins, statutory and
common law foundations, and key judicial interpretations of the doctrine, highlighting
its role in protecting employees against arbitrary employer decisions. Employing a
doctrinal legal research methodology, the study critically evaluates the application,
remedies, and limitations of legitimate expectation in labour matters. The findings
demonstrate that the doctrine not only safeguards procedural fairness but also
promotes equitable treatment in employment relations, reinforcing the broader
constitutional principles of administrative justice.
Keywords
• Legitimate Expectation
• Labour Law
• Administrative Justice
• Procedural Fairness
• Employee Rights
• South African Jurisprudence
• Labour Disputes
• Remedies
• Employer Obligations
• Constitutional Principles
Abbreviations